Minutes from February 10, 1998

Minutes of the February 10, 1998,
U.S. Sentencing Commission
Business Meeting

The meeting was called to order at 9:42 a.m. by Chairman Richard P. Conaboy in the USSC Commissioners’ Conference Room. The following Commissioners and staff participated:

Richard P. Conaboy, Chairman
Michael S. Gelacak, Vice Chairman
Michael Goldsmith, Commissioner
Mary F. Harkenrider, Ex Officio Commissioner
Michael J. Gaines, Ex Officio Commissioner
John H. Kramer, Staff Director
Linda Drazga Maxfield, Director, Office of Policy Analysis
Jonathan Wroblewski, Director, Office of Legislative & Public Affairs

Motion made by Commissioner Goldsmith to adopt the minutes of the December 17, 1997, business meeting. Passed unanimously.

Chairman Conaboy, briefing the Commission on upcoming public hearings and activities, stated that the Commission will hold a public hearing San Francisco on Thursday, March 5, 1998, and at the USSC on Thursday, March 12, 1998. The public hearings will focus on key loss issues. He also stated that the Commission will meet twice in April, so that they may make final determinations regarding the 1998 proposed amendments to the Guidelines Manual in order to meet the May, 1, 1998 deadline to send amendments to the Congress.

Linda Drazga Maxfield, briefing the Commission on ongoing studies of criminal history computations, stated that the degree of dangerousness of past criminal offenses does not seem to affect enhancements under the sentencing guidelines. She envisioned that the criminal history project will move towards an examination of selective incapacitation.

Jonathan Wroblewski, briefing the Commission on upcoming legislation which may affect the Commission, stated that the Congress is likely to pursue juvenile justice legislation which will require the Commission to draft guidelines for juvenile defendants. He will continue to monitor Congressional actions and notify the Commission.

Staff Director John Kramer, briefing the Commission on staff activities, introduced Brandi Moore, and Todd Mitnick, both of whom recently joined the Commission in the Office of Policy Analysis. He also introduced Lynn Fant, visiting Federal Public Defender, and Robert Claymen, Judicial Fellow from the Federal Judiciary Center. Staff Director Kramer stated that he has invited representatives from the Virginia Commission on Sentencing to do a presentation on new methods of computing criminal history.

Chairman Conaboy opened the public hearing on Telemarketing Fraud at 10:05 a.m. Guest speakers included: Jonathan Rusch, Department of Justice; Sara Resnick, National Association of Attorneys General; Brigit Small, American Association of Retired Persons; and Lee Norrgard, American Association of Retired Persons.

The meeting was adjourned by Chairman Conaboy at 11:30 a.m.